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MATTER OF O'NEILL v. SCHECHTER

12 A.D.2d 760 (1961)

In the Matter of John W. O'Neill et al., Appellants, v. Joseph Schechter et al., Constituting The Civil Service Commission of the City of New York, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 31, 1961

This order is not a final one as it directs the respondents to take further action that would require the exercise of discretion rather than the performance of a merely ministerial duty (Matter of American Holding Corp. v. Murdock, 6 A.D.2d 596). An appeal from a nonfinal order in an article 78 proceeding may only be taken where leave to do so has been granted (Civ. Prac. Act, § 1304; Matter of American Holding Corp. v. Murdock...

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